(영문) 부산지방법원 2017.11.09 2016가단37576

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(영문) 부산지방법원 2017.11.09 2016가단37576

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In the course of operating C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the Defendant: (a) when the construction fund was insufficient while carrying out the new construction of D apartment in Busan Seo-gu; (b) acquired housing funds, such as intermediate payments, from the bank by means of using false buyers, and acquired them by fraud; and (c) on October 15, 2003, at the bottom branch of Korea Dong-dong, Busan, the Plaintiff did not actually purchase D apartment 1009; (d) notwithstanding the fact that the Plaintiff had not actually purchased D apartment 109, the Defendant applied for a credit guarantee and a housing loan to the employees in charge of the said bank, accompanied by a sales contract, receipts for down payment, etc. written with false contents, and acquired it from the employees in charge of the said bank to the employees in charge of the said bank as an apartment account of the Nonparty Co., Ltd. for the purpose of raising funds.

B. The defendant is the above A.

For the facts constituting the crime as stated in the preceding paragraph, Busan District Court Decision 2004Gohap263, 283(combined) was convicted.

[Reasons for Recognition] Gap evidence No. 13

2. The plaintiff's assertion that the plaintiff is entitled to make a registration of the cooperative company so that the plaintiff can continuously supply the internal decorations receipt form to the non-party company, and that the plaintiff will receive a loan of KRW 70,000,000 in the name of the plaintiff at the bottom of the bank at the bottom of the defendant's main bank, which is the defendant's main bank, to pay the loan of KRW 70,000 within three months at each week. The plaintiff believed this end and signed and sealed a false sales contract, and then the plaintiff received the loan, and then the defendant did so. Since the defendant did not pay the above loan, the plaintiff suffered damages of KRW 100,000,000 to the Korean bank. The plaintiff is entitled to compensation for damages of KRW 44,896

3. According to the above facts of recognition, the plaintiff lends the name of the purchaser to the defendant by lending it to the defendant.

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